Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 48

48 Exercise of power to fine

(1) If a court decides to fine an offender, then, in determining the amount of the fine and the way in which it is to be paid, the court must, as far as practicable, take into account—

(a) the financial circumstances of the offender; and

(b) the nature of the burden that payment of the fine will be on the offender.

(2) The court may fine the offender even though it has been unable to find out about the matters mentioned in subsection (1) (a) and (b) .

(3) In considering the financial circumstances of the offender, the court must take into account any other order that it or another court has made, or that it proposes to make—

(a) providing for the confiscation of the proceeds of crime; or

(b) requiring the offender to make restitution or pay compensation.

(3A) In considering the financial circumstances of the offender, the court must not take into account the offender levy imposed under section 179C .

(4) If the court considers that—

(a) it would be appropriate both to impose a fine and to make a restitution or compensation order; and

(b) the offender has not enough means to pay both;

the court must, in making its order, give more importance to restitution or compensation, though it may also impose a fine.

(5) In fixing the amount of a fine, the court may have regard to, among other matters—

(a) any loss or destruction of, or damage caused to, a person’s property because of the offence; and

(b) the value of a benefit received by the person because of the offence.